ResearchGuides: Native American Indian Law Research Guide: State Resources

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State Resources

STATE CASE LAW

Cases regarding Native American Indian tribes and issues that were filed in the various state courts may be found by locating and searching the website for the state court in question - if the court in question has an online presence. State court systems differ from state to state, so individual results may vary. One site listing all the states with links to the states' courts is the Cornell Legal Information Institute (LII).

Legal issues involving Native American Indian Tribes and surrounding issues are most frequently associated with federal law. However, state laws and regulations may impact tribes. State governments do not have authority over Indian tribes, unless authorized by Congress, and may regulate only on matters that do not affect tribal interests. Tribal governments are not subservient to state governments and may enact their own laws. Current interactions between Indian tribes and states are non-controversial and signal cooperation between the two, for state and tribal governments often work on issues affecting state-tribal relations, including environmental protection, taxation and trust land issues.

American Indian Treaties Before the Courts (Online) by University of Nebraska-Lincoln, Center for Digitial Research in the Humanities
From the "American Indian Treaties Portal" of the University of Nebraska-Lincoln; Links to publications on court cases citing American Indian treaties include federal, state and territorial courts.
Indian Law Bulletins by National Indian Law Library
Provides timely information about new developments in Indian law, including state court cases.
Indian Law Reporter
Call Number: KF8203.4 .I53
Publication Date: 1974-
Reports cases from federal, state and tribal courts as well as administrative agencies.
Native American Law Digest
Call Number: KF8203.1 .N38
Publication Date: 1997-
Library has volumes 7-18, 1997-2008.
Summarizes federal, state and tribal court decisions.
Also:
Lexis (username and password required)
STATE JURISDICTION
18 USC 1162 by United States Congress
This title and section of the United States Code, "State jurisdiction over offenses committed by or against Indians in the Indian country," is the codified Public Law 280.
Public Law 83-280 (PL 280) State Jurisdiction over Offenses Committed by or against Indians in the Indian Country
This 1953 Public Law concerned the transfer of legal authority from the federal government to state governments. It gave six states extensive criminal and civil jurisdiction over tribal lands in those states. This change was mandatory for - California, Minnesota, Nebraska, Oregon and Wisconsin, as well as Alaska upon statehood - and also permitted other states to acquire jurisdiction at their option. The Tribal Court Clearinghouse website has extensive information and resources regarding Public Law 280.
State Prosecutors' Offices with Jurisdiction in Indian Country, 2007 by United States Department of Justice, Bureau of Justice Statistics
In 2007, 93 state prosecutors' offices reported jurisdiction under Public Law 83-280 for felonies committed in Indian Country. This report presents selected findings from the Bureau of Justice Statistics’s (BJS) 2007 National Census of State Prosecutors.
STATE LEGISLATION
To locate states codes or statutes, check the individual state's government website. Online databases can also be checked for state codes or statutes.
American Indians and State Law: Sovereignty, Race and Citizenship, 1790-1880 by Deborah A. Rosen
Call Number: KF8205.Z95 R67 2007
Publication Date: 2007
The book offers a discussion of the colonial foundations of Indian policy, examines tribal sovereignty and state jurisdiction, racial issues and state citizenship and concludes with an explanation of state law and direct rule over Indians.
Database of State-Tribal Legislation by National Conference of State Legislatures
State legislatures consider legislation that may affect tribes in their states. The searchable database provides introduced, pending and enacted legislation for the current legislative session. Individual states or all states can be searched for any topic or selected topics.
Laws of the Colonial and State Governments Relating to Indians and Indian Affairs, from 1633 to 1831 inclusive: with an Appendix Containing the Proceedings of the Congress of Confederation and the Laws of Congress from 1800 to 1830, on the Same Subject
Publication Date: 1832
This compilation of the full texts (or in some instances, excerpts) of colonial and state laws is available as an electronic resource.
National Conference of State Legislatures State-Tribal Institute
The State-Tribal Institute site includes news and updates on state-tribal issues, includes a bill tracking database, a legislature's guide to state-tribal relations, a list of Native American legislators, reports and resources.
State Committees and Commissions on Indian Affairs
The compilation of state committees and commissions include both legislative and executive branch committees and commissions.
STATE RECOGNITION
State-Recognized Indian Tribes by National Conference of State Legislatures
Tribes considered "state recognized" are recognized by individual states, usually through the state legislature or a state commission. Some state-recognized tribes are also federally-recognized. State recognition acknowledges the tribe's existence and provides eligibility for some benefits, though fewer benefits than federally-recognized tribes.
STATE-TRIBAL RELATIONS
Handbook of Federal Indian Law by Felix S. Cohen
Call Number: KF8205 .C6 2012
Publication Date: 2012
Chapter 6. "Tribal/State Relationship" examines the relationship between tribes and states, focusing on the legal principles and the reach of tribal and state governing power.
Tribal State Relations by Tribal Law and Policy Institute, Tribal Court Clearinghouse
The Tribal State Relations page of the Tribal Court Clearinghouse's website provides links to information addressing efforts to improve state-tribal relations.
States and Tribes: Building New Traditions by Compiled and edited by James B. Reed, Judy A. Zelio
Call Number: E93 .S8 1995
Publication Date: 1995
This book is a "broad examination of the condition of state-tribal relations and opportunities for mutually beneficial cooperation as the 21st century approaches, from a state legislative policy perspective." Prepared at the direction of the National Conference of State Legislatures Task Force on State-Tribal Relations